[HISTORY: Adopted by the Town Board of the Town of Dover 4-5-1962.
Amendments noted where applicable.]
By the adoption of this chapter, the Town Board of the Town of Dover
declares its intent in so doing to be to regulate, control and license the
activities or businesses known as auto graveyards, junkyards, secondhand parts
collection areas, the processing of used metals for resale and the dumping,
storage and disposal of waste, secondhand or used materials of whatever composition.
Said Town Board hereby declares that such activities or businesses can constitute
a hazard to property and persons and a public nuisance. Such materials may
be highly flammable and sometimes explosive. Gasoline tanks on old autos often
contain in some quantity combustible gasoline; the engine and other parts
of such autos are frequently covered with grease and oil which is also flammable.
The tires, plastic seats, tops and other elements of such autos are also flammable.
Batteries and other elements of such autos can contain acids and other matter
potentially harmful to humans. These autos frequently contain sharp metal
or glass edges or points upon which a human could receive serious cuts and
abrasions. These autos can constitute attractive nuisances to children and
certain adults. The presence of such junkyards even in areas zoned for business
or industry is unsightly and tends to detract from the value of surrounding
land and property unless such areas are properly maintained and operated.
As used in this chapter, the following terms shall have the meanings
indicated:
Passenger auto, truck, tractor-truck, trailer, bus, motorcycle or
other vehicle, however propelled, as well as a tractor, bulldozer, machinery
and equipment.
An individual, an association, a partnership or a corporation.
No person shall engage in or conduct on real property within the Town
of Dover, either for himself or for and on behalf of any other person, directly
or indirectly, as agent, employee or otherwise, any activity or business,
either for profit or otherwise, at wholesale or retail, which involves the
collection, storage, burning, dumping, disassembling, dismantling, salvaging,
sorting or otherwise handling or arranging for sale, resale, storage or disposal
or otherwise of bodies, engines or parts of autos or of any other secondhand
or used property of whatever material it is composed or any water material,
whether composed of wood, paper, cloth, cardboard, plastics, metals, stone,
cement or otherwise, without first obtaining a license therefor as hereinafter
provided.
A.
Each applicant for a license hereunder shall execute
under oath an application therefor to be supplied to him by the Town Clerk,
which shall contain the following information:
(1)
That the applicant is over 21 years of age.
(2)
That he is a citizen of the United States.
(3)
Whether he has ever been convicted of a felony or misdemeanor
and such other facts or evidence as is deemed necessary to establish that
he is a person fit and capable of properly conducting the activity or business
for which the license is sought.
(4)
A description of the exact type of business he intends
to conduct.
(5)
The nature of the materials he intends to handle.
(6)
The number of employees he intends to engage.
(7)
The name and address of the owner or owners of the land.
(8)
The nature of the right of occupancy of the applicant
to the use of such land.
B.
At the time of making the application, the applicant
shall submit to and file with the Town Clerk a map or plan of the real property
upon which he intends to conduct the activity or business for which he is
making application for a license hereunder, with the area of such real property
which it is proposed to use for such purpose, the location of the fence required
hereunder indicated thereon, as well as the location of any buildings on such
land, and the location of any streets or highways abutting or passing through
the land, the location of any water, sewer or gas mains or laterals available
thereto, as well as the general drainage pattern of such land.
C.
In the application, the applicant shall agree that if
granted the license applied for he will conduct the activity or business pursuant
to the regulations hereinafter set forth and that, upon his failure to do
so, such license may be revoked forthwith.
D.
A person presently engaged in or conducting an activity
or business such as described herein on real property within the Town of Dover
must apply for a license therefor within 30 days of the adoption of this chapter.
(1)
If the place where he conducts such activity or business
presently complies with the requirements a person must meet to secure a license
in the first instance, he shall be issued a license therefor if he meets the
other requirements contained herein.
(2)
If the place where he conducts such activity or business
does not presently comply with the requirements a person must meet to secure
a license in the first instance, he may be granted a temporary license for
one year, during which year he must arrange the place where he conducts such
activity or business so that it does then comply with the requirements a person
must meet to secure a license in the first instance. If, at the end of such
year, such person has not so arranged his place of activity or business, he
shall forthwith cease and desist engaging in or conducting the same and shall
remove from such place any autos, parts or other materials of the nature described
herein.
(3)
If the person conducting such activity or business is
not the sole owner thereof, he shall state such fact at the time he applies
for his temporary license and the Town Clerk, at the time of issuing such
temporary license, shall send the owners or each of them a notice of the issuance
of such temporary license to such person, together with a copy of this chapter.
A.
The fee for the license shall be as provided in Chapter 73, Fees, which sum covers not only the cost of issuing the license itself but also the cost of making the necessary inspections of the premises to ascertain compliance with the regulations hereinafter prescribed.
[Amended 2-22-1988 by L.L.
No. 1-1988; 2-11-1991 by L.L.
No. 2-1991]
B.
Such license shall be placed and at all times displayed
in a conspicuous place at the licensee's place of activity or business for
which it is issued.
C.
Such license shall be effective from the date of its
issuance until the 31st day of December of the year of such issuance, after
which a new application for license must be made yearly if the licensee desires
to continue such activity or business.
D.
Such license is personal with the licensee. It does not
go with the title of the land, nor may it be sold, assigned, transferred or
disposed of.
E.
Such license may be revoked by the Town Board after a
public hearing thereon, at which the licensee shall have an opportunity to
be heard. Upon revocation of a license, the Town Board may required the removal
of autos, parts and materials left as above provided in the case of an applicant
for a temporary license who fails to qualify for a license.
F.
In the event that an applicant for a license, as provided herein, shall have previously been duly issued a valid and effective junk dealer's license by the Supervisor of this town, pursuant to the provisions of Article 6 of the New York State General Business Law, then such applicant shall be entitled to and allowed a credit against the above-provided license fee in the amount as provided in Chapter 73, Fees, when such junk dealer's license fee was actually paid by such applicant; otherwise this chapter shall be fully binding upon and applicable to the holder of any such junk dealer's license.
[Amended 2-11-1991 by L.L.
No. 2-1991]
A.
The licensee must personally manage or be responsible
for the management of the activity or business for which the license is granted.
B.
The licensee must maintain an office and a sufficient
number of employees on the premises to assure the proper and safe conduct
of such activity or business, to minimize the fire hazard therefrom and to
prevent improper trespass thereon by children and others.
C.
The licensee must erect and maintain a six-foot wire
fence of close mesh or one made of wood or of either material adequate to
prohibit the entrance of children and others into the area of the activity
or business and to contain within such fence the materials dealt in by the
licensee, and, if such area abuts a residential area or public street or highway,
such fence shall be 25 feet from the boundary line thereof. All the materials
dealt in by the licensee shall be kept within such fence at all times.
D.
Inside and adjacent to and contiguous to such fence,
a strip of land at least 10 feet in width shall be kept free of all dry grass
or other growth or other combustible material so as to provide a fire lane
or line around the whole area where the activity or business of the licensee
is being conducted.
E.
The autos, parts and materials dealt in by the licensee
shall be disassembled or dismantled by means other than by burning, except
that burning shall be permitted the first two days of each and every month.
The material shall be piled or arranged in neat rows so as to permit easy,
clear passage through the area.
F.
There shall be maintained at each such place of activity
or business for which a license is issued at least one fire extinguisher of
approved design and capacity for each 40,000 square feet of the area. Each
such fire extinguisher shall be hung or mounted in a conspicuous place, clearly
marked and available.
G.
When the area is not supervised by the licensee or his
employees, the fence shall be locked at a secure gate in a secure manner.
H.
Suitable sanitary facilities shall be available, connected
to approved public sewers or septic tanks, for the use and convenience of
the employees of the licensee, as well as the general public visiting the
area.
I.
The area of the licensee's activity or business shall
not be used as a dump area nor as a place for the burning and disposal of
junk or trash.
J.
The town police, the Town Clerk or the Town Board or
any of its representatives shall be granted access to the area of the activity
or business of the licensee at all reasonable hours to inspect the same for
compliance herewith.
K.
The licensee must provide proper facilities for the burning
of autos, parts and materials if the burning area is closer than 250 feet
to any residence. Proper facilities to be approved by the Town Board or inspector
appointed by the Town Board.
A.
The owner or licensee of any such place of business who
commits or permits any acts in violation of any of the provisions of this
chapter shall be deemed to have committed an offense against such chapter
and also shall be liable for any such violation or the penalty therefor. Each
day such violation shall continue or be permitted to exist shall constitute
a separate violation.
B.
For every violation of any provision of this chapter,
the person violating the same shall be subject to a fine of not more than
$100 or imprisonment not exceeding 30 days, or to both such fine and imprisonment.
C.
Conviction for any above-mentioned violation shall constitute
and effect an immediate forfeiture of the license.
D.
Any person violating this chapter shall be subject to
a civil penalty enforceable and collectable by the town in the amount of $100
for each such offense. Such penalty shall be collectable by and in the name
of the town for each day that such violation shall continue.
E.
An addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name of the
town in a court of competent jurisdiction to compel compliance with or to
restrain by injunction the violation of such chapter.
